USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 5 > Part 38
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*Mighell Partridg, Dr., to paid several men p. Tho. Edward, 4li. 7s. 1d .; one 1-3 pt. of ye Shallup, 24li. 4s .; Goodman Lord & other men for his Buriall, 14s .; total, 29li. 5s. -. Creditor, 1-3 pt. of ye shallup as she was prised, 15li .; his winter Voyag with Tho. Edwards, 11li. 6s. 9d .; some old Clothes, 2li. 15s .; total, 29li. 2s. 3d.
Robert Hooper, Dr., to severall Menn for Debts, 3li .; his buriall, 24s .; to Mr. Wm. Browne, Senr., for 1-3 of ye Shallup, 24li. 5s .; total, 38li. 5s. Creditor, 1-3 pt. of ye Shallup as She was prised, -; his Winter Voyage with Tho. Edward, 11li. 6s .; a pcell of old Clothes, 15s .; total, 27li. 1s. 9d. These ac- counts were delivered by Thomas Edwardst to Mr. William
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Mr. John Gifford had his license renewed for the ensuing year to retail or sell to his workmen strongwater by small measure.
Browne who presented them as inventories of the estates and they were allowed.
Acompt of ye vioag of Michaell Partridg and Thomas Hooper who were Drowned in ye Month Apriell: here at Salem: In Merchantble fish among 4 men, in all there was 94 qntles, 84li., 12s .; their Refuse Fish, with a Barrill of Oyle, 20li. 13s .; total, 105li. 5s. To Mr. Browne & Boates hier, stage Roome and Beefe & nett, 59li. 18s .; there Remains, 45li. 7d. Diveded be- tween 4 men Comes to 11li. 6s. 9d. a man.
To what Thomas Edwards hath ben out for Michael Partridg: paid to Samll. Nicholson for Michaell partridg, 1li. 12s. 6d .; to John Brock, 12s .; to Edw. Homan, 5s. 6d .; to Goody Coale, 11s .; to house Rent, 10s .; to Tho. Edwards, 8s. 6d., to vinson Stutson for Shoose, 5s. 6d .; to Mr. Lattimore, 2s. 4d .; total, 4li. 7s. 4d.
Thomas Hooper Debter, to Goody Colle, 17s. 6d .; to ye Old Boat, 5li. 10s .; to Boston for Boots, 1li. 2s .; to Vinson Stutson for Shoose, 7s. 6d .; to Beniamin Parmeter, 1li. 15s. 6d .; to Mr. Brown, sr., 3li. 1s .; to Mr. Lattimore, 2s. 6d .; to house Rent, 10s .; total, 13li. 7s. To both their Burialls, 1li. 8s.
The appraisal of a shallop, belonging to Michaell Partridg, made June 30, 1674, by Erasomus Jamest William (his mark) Neck and Christopher Necke:t one pare of Shoose, in silver, 6s .; 1 pare of stockings, 3s .; 2 ould Shurts & 3 handChefer, 6s .; 3 old pare of Drawers, 5s .; 1 old Blanckett, 6s .; 1 pare Gloves, 2s .; 1 old Bed sack & pillow, 2s .; 1 Coate, 8s .; 1 Sute, Coate & Breaches, Ili. 4s .; 1 woollen wastcoat & Drawes, 3s .; 3 pare of old Stockings, 3s .; 2 old Caps, 1s. 6d .; 1 Bible, 3s .; 1 old hatt, 2s .; 1 old Cheest, 1s .; total, 2li. 15s. 6d.
Tho. Hooper's goods appraised by Erasomus James :; parcell of old Lumber, as Stockings, Drawers & wastcoats, 2s .; 1 old Shurt, 3s .; 1 pare Breeches, 6s .; 1 old Coate, 4s .; total, 15s.
Writ :* Susanna Hollingworth, widow v. John Hutson; debt; dated June 19, 1667; signed by Hillyard Veren,t for the court; and served by Henry Skerry, jr.,t deputy marshal of Salem. Bond of John Hudson, with Thomas (his mark) Booing and Richyard (his mark) Hutson, sureties. Wit: Willi. Holingwortht and Edward Reed.t
Letter of attorney, dated June 26, 1667, given by Susanna (her mark) Holingworth, widow, of Salem, to her son William Holingworth. Wit: Joseph Phippen.t
*¿ The following papers, not being filed chronologically, did not appear under their respective courts. For Hollingworth v. Hutson, see ante, vol. iii, p. 425.
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Willi. Holingworth's bill of cost, 18s.
Petition to the Salem court, 4 mo: 1667, from the inhabitants of Marblehead: "wheareas the said Marblehead hath been a place of fishing for many yeares past, on which Accot divers per- sons from England, Newfound Land, and other places haue -rted thither, many of them persons undesirable, and of noe estates. butt rather Indebted. yett had no power to exclude them, because thay Came on a fishing Accot soe that many of them haue been burthensum to the place; and thay Constrayned to maintane them, in Cases of sicknesse and Lam[n]es or other Occurances that haue by the prouidence of god befallen them but now by reason of the fayling of the fishing trade att home, and the wars Abroad: our Condition is uery Low, and many Amongst us on Accot of fishing know not how to Maintaine themselfs and families. our humble request thearefore is that this Honored Court would take our Low Condition into their serious Consideration that we may either haue power putt into our hands to kepe outt such persons from Coming into our planta- tion as are Like to be burthens to us. or that we may be eased of the Charge may Accrew by the Countie or as otherwise this Honored Court shall thinck fitest to doe for us, or Aduise us."
Copies,* made by Daniel Denison, t of the papers in the action of the Selectmen of Ipswich v. Walter Fairefeild, tried before Major General Daniel Denison, Mar. 28, 1669-70:
Writ: Selectmen of Ipswich v. Walter Fairefeild; trespass, for felling trees on Ipswich commons; dated Mar. 3. 1669-70; signed by Robert Lord, for the court; and served by Robert Lord, marshal.
Record of Ipswich court, Mar. 28, 1670, in a similar action, with judgment for plaintiffs. Thomas White, attorney to Walter Fairefeild, appealed to the next Salem court; Charles Gott, surety.
At a meeting of the Ipswich selectmen, Feb. 21, 1669, Robert Lord, jr., marshal, was ordered to prosecute against Walter Fairefeild, Rice Edwards, John Dodge and John Poland.
William Storey testified that he saw a poplar tree newly felled in Ipswich commons and saw Walter Fairefeild chopping upon the tree and he ran away behind a tree when he saw him. Sworn, Mar. 28, 1670, before Daniel Denison.t
Seth Storey, son of William, deposed.
Joseph Knolton deposed that going to Goodman Perry's, he saw a log on a sled on Ipswich common.
Goodwife Knolton was summoned, but was not able to go to town. She said that Walter Fairfeild with John Solar came in there and she asked him where he had been. The former laughed and sneered and said nothing, but Solar said they had been at Goodman Storey's. Goodwife Knolton said she had
* See ante, vol. iv, p. 260.
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the child in her arms and did not look out so she could not swear, but he had the log.
Walter Fayerfield's* reasons of appeal, received, June 23, 1670, by Daniel Denison *: that Maj. Denison was acting as judge and an interested party by his right in the commons; that William Storey who testified against him was to have half the fines of those convicted, etc.
Answer to Walter Fairfeild's reasons of appeal made by Robert Lord,* in the name of the rest of the selectmen of Ipswich.
Summons, dated 1 :4 : 1670, to John Cleark, son-in-law of Mordecai Larcum to answer a presentment for attempting mur- der in thrusting a knife against the ribs of Jestin John, servant of Jacob Barney, sr., also the witnesses, John Woolley and Jere- miah Benett, signed by Hilliard Veren,* cleric, and served by Robert Hibert,* constable of Bass river.
Summons, dated 1 :4 : 1670, to Frances Tilsey, servant to John Procter, to answer a presentment for drunkenness. Wit: William Traske, John Trask and John Peeter.
Jno. Woolly deposed concerning the attempt at murder. Sworn in court.
Venire, dated May 20, 1670, for Beverly, also summons to the selectmen upon presentment of the town for a defect in the high- way at the ferry, also between Mr. Conant's and John Knight's, and to summons Nathaniell Howard as a witness, signed by Hilliard Veren,* cleric, and served by Robert (his mark) Hebard, who returned the name of John West for the jury of trials, also to answer the presentment about the highways, and Nathanell Haward for the grand jury.
Summons, dated July 14, 1670, to Mr. Raulph King and Mr. John Blano as witnesses in John Ally's presentment for drunk- enness; and to Mr. William Wilson, Tho. Wenmar and Capt. Marshall and his wife and Lieut. Purchas as witnesses in Joseph Armitage's presentment for drunkenness, signed by Hilliard Veren,* cleric, and served by Ralph King,* constable of Lyn.
Summons, dated July 14, 1670, to the wife of John Mason, brickmaker, for drunkenness, and Benjamin Gerrish, John Higgenson and Thomas Mawle, as witnesses, also to summons John Pickering as a witness in Elizabeth Poe's presentment, signed by Hilliard Veren,* cleric.
Warrant, dated 14 :5 :1670, for the apprehension of Wm. Blunt and Mary Seeres, formerly so called, for too much famili- arity, etc., and summons to witnesses, Nathaniell Beadle, John Horne and Jo. Laskin, signed by Wm. Hathorne .*
Summons, dated July 14, 1670, to Richard Norman, sr. as a witness in Elizabeth Poe's presentment, signed by Hilliard Veren,* for the court.
Oliver Purchis, aged about fifty-three years, testified that on
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COURT HELD AT SALEM, JULY 21, 1674, BY ADJOURNMENT.
Judges: Samll. Simonds, Esqr., Dept. Govr., Majr. Genll. Danll. Denison and Major Wm. Hathorne.
the evening before the last day of public thanksgiving, he saw Joseph Armitage disguised with drink as appeared by speech, gesture and countenance at the houses of William Edmunds and Capt. Thomas Marshall.
Capt. Marshall deposed that Joseph Armitage was so drunk at their house that neither he nor his wife dared suffer him to have any drink there, and some strangers there wondered that they would suffer such a man to come into their company. Sworn, 18 : 5 : 1670, in Major Hathorne's court.
Nicholas Maning deposed that Mary Seers (also, Searle) came out of her cellar in a single coat and that William Blunt was in the cellar also.
John Horn deposed that at Wm. Blunt's house he saw Mary Seers sitting upon the table, and she used the word "Honey" in her discourse two several times, while said William was dressing leather upon the table near her.
N. Beadle testified that they called each other "dear" and "Honey" and walked hand in hand together. Sworn, 18 : 5 : 1670, in Major Hathorne's court.
B. Gerrish and Will P- deposed that a fortnight before the last Salem court, they saw Goody Mason pass along homeward down Mr. Batter's lane, reeling very badly, and she fell down twice. Sworn, July 18, 1670, in Major Hathorne's court.
Writ* of replevin, dated Feb. 12, 1671, for a mare of John Poland's detained by Samuel Knoulton, signed by Robert Lord,t for the court, and served by Robert Lord,t marshal of Ipswich.
Theophilus Wilsont certified that Goodman Knowlton's brother Joseph reported the taking up of a mare, etc., and Sam. Knowlton took it up, etc.
James Burnam, aged about twenty years, Nathaniel Lord, aged about seventeen years, servant of Sergt. Burnam, and Thomas Burnam, sr., aged about fifty-five years, deposed con- cerning the mare.
Robert Lord,t clerk of the writs, deposed concerning the ad- vice he gave John Poland concerning the prosecution.
Thomas Burnum, sr., aged about fifty-five years, deposed. Sworn, June 24, 1672, before Daniel Denison.t
John (his mark) Poland certified, Mar. 18, 1671, that the mare was not his but Sergt. Burnam's.
Nathaniell Browne, Edward Neeland and Elicksandars Tom- sone deposed concerning the ear marks. Sworn, June 24, 1672, before Daniel Denison.1
* See ante, p. 49 for Knowlton v. Powland.
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The town of Beverly, presented for a defect of a highway between the house of Mr. Roger Conant and the head of the rail fence Wenhamward, said Beverly was to make good the way before the next Salem court, and make their return, upon penalty of 5li., and to pay cost of witnesses, Robt. Hibbert and Thomas Patch.
William Barber and his wife, for fornication before marriage, were sentenced to be whipped or pay a fine .*
Joseph Armatag, presented for common barratry, and found guilty, was committed to prison for twenty-four hours, and to pay witnesses, Capt. Savage, Capt. Hutcheson and Hen. Roads.t
*William Barber's petition: "I doe confesse my psentment and doe acknowledg I haue sined against god and trespased against this commonwealth and doe humbly Intreat the fauor of this honored Court I hope yor honors may be likened unto the kings of Israell of ancient time, (to be knoun to be mercyfull men) and I hope you may be knoune to be like or blesed lord himselfe who although he is Just against siners: yet he is mercyfull vnto the penitent and unto the retorning siner, I did euer oun & ac- knowledg my offence, and doe from my hart desier to be ashamed of it & humbled for it & I hope in the mercy of god that he will doe me good by it, I besech yor honors shew me some fauor, I am a young beginer in the world, and what I haue is at yor honors comand. I lye at yor Foote doe as god shall guide you in the case, I haue but a word to say for my self, and that is in regard of the law here established that any crime not complained of within the year, the law taketh not notis off, I was maried the first week in may last was a twelue month I spake it not to excuse my sin god knoweth, but that yor honors may understand the verity of it, & doe humbly intreat yor honors candid con- struction, and shall euer be obliged, this Honored Courts poore and humble seruant."
Witnesses to the presentment, Tho. Farrer and Andrew Mans- feild.
¿Edward Hutchinson,# aged sixty-one years, and Thomas Sav- aget aged sixty-seven years, complained to the grand jury on July 1, 1674, that Joseph Armitage of Line had attached the estate of Thomas Savage four times and summoned him to appear at Salem and Ipswich courts to answer to one and the same action and yet did not prosecute, whereby it appeared plainly that it was his purpose to vex and molest him. Also that the debt for which he sued had been paid and Armitage had threatened Savage that it would cost him seven or eight hundred pounds if he did
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Jacob Pudeator, for striking and kicking his wife, court being informed that the woman "is of great provocation," had his sentence moderated .*
The town of Salem, presented for defect of a highway on the Salem side of Forest river bridge at the next swamp Salemward and thence to the south side gate, was to make it good before the next Salem court.
The town of Salem, presented for defect in the country high- way between Frost Fish brook and Horse bridge, Wenhamward, and in particular at the foot of the hill called Leach's hill, be-
not comply with his desires. Complainants asked the considera- tion of the grand jury if these actions were not such as to demon- strate him a common barrater, one who vexes his neighbors with unnecessary suits.
"Capt. Savag my loue remembred to you, the reson of my writeing is that this debt that is due to me might sertinlie haue a end, for what I promised yu I and my freinds are redy to keep their word to pay you soe much as I promised you provided you will put vs in a sertin way wherby that we may inioy that that we haue wth out truble & to that end you will Com over to Capt Marshalls the 20 day of Septembr being this Instant month, but if not I will sue upon the promise & then it will Cost you seaven or eight hundred pownds out of ye owne Estate, but then we that I propose to you it will not cost you on penie if ye send me word I and my freinds will meet you at winisemet the same day; but not in Boston & so I rest
"yr freind
"12 Sept 1672
Joseph Armitag."}
"Wee whoe haue here vnto subscribed beeing imployde aboute an Arbitration betwixt the Aboue mentioned partyes mī Rhodes: & Joseph Armitage concerning the Armitages burning mr Rhodes his fence, vpon the Land aboue mentioned: the sd Armitage then threatened the sd mr Rhodes to sue him in severall actions & this was vppon the 16: Decembr: 72: And indeed hee hath putt the sd mr Rhodes vnto agreat deale of trouble & charge about the sd land: And wee conceiue uniustlye. Andrew Mans- feild, t Nathaniell Handfortht and Thomas Marshall."t
*Marye (her mark) Neale, wife of Jeremiah Neale, testified that about the middle of March last, she saw Jacob Pudeator strike his wife three or four times, throw her down and kick her, and this was on the highway before deponent's house. Susanah (her mark) Hill, aged about fourteen years, testified to all her dame Neale had said. Sworn also by Abigaile Smith, in court.
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tween that place and the house of Edward Bishop, were to repair it before the next Salem court .*
The town of Salem, presented for breach of that law entitled children and youth on page 26, was admonished, and was ordered to take care that that wholesome and profitable law be duly executed, court agreeing to give all advice and assistance. Also, it was ordered that they bring in to the next Salem court an account of the youth, from the age of nine years and upward, who cannot read or are not profitably employed to the benefit of the commonwealth.t
The selectmen of Beverly, presented for the same neglect, were given the same orders.#
The selectmen of Manchester, presented for the same neglect, were given the same orders.§
Richard Stackhouse was ordered to make a sufficient cause- way for foot travel on Salem side, to low water mark, against the ferry place, and make return to Salem court. If it were not finished by then, Nathaniell Hayward and his family were
*Tho. Patch and Andrew Mansfeild testified that the country highway was insufficient, etc. Sworn in court.
¡Laws of the General Court in regard to this order. The selectmen were to see that all children and youth under family government be taught to read perfectly the English tongue, have knowledge in the capital laws, be taught some orthodox catechism and that they be brought up to some honest employment profit- able to themselves and the commonwealth. In case of neglect on the part of the family government after admonition given them, the selectmen are required with the help of two magistrates to take away such children or apprentices and put them where they will be more strictly cared for. "The Neglect whereof as by sad Experians from Court to Court abundantly appeares Doth occasion sin & propannes to increase among us to ye Dis- honor of God and the Insnareing of many chilldren & servants by ye Dissolute lives & practisses of such as doe liue from under family government & is a great Discouragment to those family gouerners who Conscientiously indeauor to bring up there youth in all Christian Nurture as ye laws of god & this Comon wealth doe require." The constables were ordered to return the names of all who "Doe not serve there Parents or Masters as children aprentises hired seruants or Jorny men ought to Doe and vsually Did in or Native Country," etc.
#Witness to the presentment, Robt. Hebberd.
§Witness to the presentment, Tho. Bishop.
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to have their ferriage free during his life, upon condition that he make and maintain said way.
Samuell Bennett, presented for being overcome with drink in the town of Lynn sometime in November, 1673, was fined .*
Richard Adams was released from common training, paying 2s. annually to the use of the company.
Worshipful Major Wm. Hathorne was appointed for Salem and Marblehead, to give oath to whom shall be agreed upon from time to time, to be cullers of fish for either town according to law.
There being a complaint against Edw. Feaveryeare for abusing, Wm. Lake, constable, when he demanded a rate of him, he was fined and ordered to pay 2s. to the constable .;
*Samuell Mowert testified that at the latter end of November, 1673, he saw Mr. Samll. Bennitt with another on the road near John Moors at Lynn, "& m" Bennitt fell downe, & the other man called me to help him vp and I went, & asked ye other man wt mª Bennit Ailed & hee Laughed, but sd nothing but we helped him vp: & I Led him a Litle waye vp the hill, & he could not speake, or did not speak rationallye, but Faultered: & when I Let him goe hee fell down turning round hee had a very high couler I judged hee had drunk too much." Sworn in court.
Jacob Knight, aged about twenty-nine years, deposed that he saw Mr. Bennit come along the street and fall down, and Good- man Stocker helped him up, etc. Sworn in court.
Samuell Bennit was presented as "liveing in Bostone." Sarah, wife of Jacob Knight, was also a witness.
¡Warrant, dated July 21, 1674, for the apprehension of Edward February, signed by Daniel Denison.
William Lake's complaint: "I being at m' Browns shop & collecting the Ministers Rate did demand ye ministers rate of ye sd February which I had done several times before & to yt end had been with his wife before he came home he replyed I might straine using many aprobious vilifying speeches calling mee pimp & yt I should pay my Debts, and after many reviling insulting Speeches he stroke me violently upon the breast & graspt me both skin & flesh & made my flesh sore & it was with such violence yt if I had not had hold of the staple of ye Door he had beat me in to the shop upon my back, as I stood upon the threshold of ye Door, and saide he would trample [me] under his feet, notwithstanding I gaue him no provocation either in words or deed, but in the moderate discharge of my office and behaved my selfe peacably towards him."
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There being a petition presented by John Cogswell concerning a difference between him and Mr. John Gifford, in relation to his proceeding in marriage with Mrs. Margaret, daughter of Mr. Gifford, court seriously considering the case, declared that they could see no reason why the said John and Margaret should be hindered or delayed in marriage .*
*John Cogswell's petition, dated July 21, 1674, that the per- sons concerned, Mr. and Mrs. Gifford of Lynn and Mistress Margaret Gifford, might appear before the court for a hearing.
Mrs. Margarett Giffard affirmed that John Cogswell made a solemn promise to marry her daughter while Mr. Gifford was in England.
Special warrant, dated July 22, 1674, for the appearance of Mr. John Gifford, wife and daughter Margarett, "forthwith at the sight heareof," at 2 o'clock in the afternoon, to answer the complaint of John Cogswell, signed by Hilliard Veren,t by special order of the court.
Brief notes of Mr. Coggeswells & Mrs. Margarett Gifford's case, Mr. Gifford himself being at London: "About the middle of february last was 12 monthes hauing bene at m' Giffords howse 2 or 3 times before, John Coggswell desired her that hee might haue liberty to speake with her: She Answered that she could not except it was her mothers mind or will. This was in the after noone that day. Next morning he Came againe. he asked Mris Gifford her leaue that hee might speake with Mar- garett, her Answere was he might: & then shee went vp into the Chamber, & left them both below together & they were to- gether aloane an houre or more. The next time which was within one weeke or fortnight after he went againe, & Mris Gifford & her Daughter were then about going to Boston next morning, & Mrs Gifford did inuite him to stay all night. She said he should be welcome, but she had noe intertainment for his horse, soe he went away & Came againe next morning & he desired to Carry Mris Margaret: she said she should be willing of it, but onely for the discourse of people & she said if the said Coggswell would Carry her selfe shee should be thankfull, & soe he carryed her, as farr as capt Marshalles: & then he asked her that he might Carry Margaret & she gaue him leaue. soe as they went mris Gifford haueing occation to speake with a man shee met upon the roade, & young Coggswell & Margarett offered to stay for her, mris Gifford bid them goe on; she would follow them, & they tarried upon the roade almost an houre for her.
"The next time (as they remember) John Coggswell Came to the house & mris Gifford was at Boston, or not at home, & the t Autograph.
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said Coggswell went home before Mris Gifford returned, & in the meane time Margarett tould her mother John had bene there: The said John Coggswell Came time after time, till about the middle of the summer, & then she hauing some intelligence from Chebacco (as he supposeth) mris Gifford betweene John Coggswell & her selfe gaue her Consent that hee should haue her daughter, but desired that they would not be married till Mr Gifford Came home, if he did Come in some short time. In the meane time she haueing her mothers consent to proceed: the yonge folks did ingage themselues by promise to each other to adioyne together in marriage & this was three or foure monthes before any denyall. In the begining of January she gaue him a denyall, which was almost one yeare after his former incourag- ment was began. She saith after John Coggswell had bene at mª Giffords twice, some of their neighbors tould her that John Coggswell came to be a suter to her & shee tould her mother of it, & she said shee heard soe too. And about 3 or 4 dayes after he Came to the howse, & she looking out of dores, she tould her mother mr Cogswell was Comeing againe, & she said she did beleiue it was as they had heard. Soe he came in at dores & sat downe a while, & asked which was the way to Reading, & mris Margaret tould him hee Could not miss the way, but he semed much, that he desired that shee would shew him the way. But she was pritty unwilling, But mris Gifford seemed as if she should goe & shew him the way.
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